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STATE v. DAVIS

No. 80209-2.

290 P.3d 43 (2012)

175 Wash.2d 287

STATE of Washington, Respondent, v. Cecil Emile DAVIS, Appellant.

Supreme Court of Washington, En Banc.

Decided September 20, 2012.

Attorney(s) appearing for the Case

David Bruce Koch , Eric J. Nielsen , Nielsen Broman & Koch PLLC, Seattle, WA, for Appellant.

Mark Evans Lindquist , John Martin Neeb , Kathleen Proctor , Pierce County Prosecutor's Office, Tacoma, WA, for Respondent.

Sarah A. Dunne , Nancy Lynn Talner , ACLU of Washington Foundation, Lila Jane Silverstein , Washington Appellate Project, Seattle, WA, amicus counsel for ACLU, Lutheran Public Policy of Washington State, and WA Association of Churches.

David R. Carlson , Disability Rights Washington, Seattle, WA, amicus counsel for Disability Rights Washington.

ALEXANDER, J.*

¶ 1 In 1997, Cecil Davis raped, robbed, and murdered 65-year-old Yoshiko Couch. A jury found Davis guilty of aggravated first degree murder and unanimously agreed that no mitigating factors warranted leniency. State v. Davis, 141 Wn.2d 798, 807, 10 P.3d 977 (2000). Davis was sentenced to death. On direct appeal, we upheld the conviction and...

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